296Persons to whom regulation 295 does not apply

296 Persons to whom regulation 295 does not apply

For the purposes of regulation 295(1) and (2), the classes of person are as follows—

(a) holders of, or persons acting on behalf of holders of, an abalone fishery access licence authorising the taking or possession of abalone of a species referred to in regulation 295, who take or possess abalone of that species in accordance with the licence, the Act and these Regulations;

(b) holders of, or persons acting on behalf of holders of, an aquaculture licence authorising the hatching, rearing, breeding, displaying or growing of abalone of a species referred to in regulation 295, who take or possess abalone of that species from the area specified in the aquaculture licence in accordance with the licence, the Act and these Regulations;

(c) holders of, or persons acting on behalf of holders of, a general permit authorising the taking or possession of abalone of a species referred to in regulation 295 during the period of the closed season, who take or possess abalone of that species during that period in accordance with the permit, the Act and these Regulations;

(d) holders of, or persons acting on behalf of holders of, a Fish Receiver (Abalone) Licence, who possess abalone of a species referred to in regulation 295 in accordance with the licence, the Act and these Regulations;

(e) persons acting in accordance with the Act and these Regulations, who possess abalone of a species referred to in regulation 295 received from a person of a class referred to in paragraph (b), (c) or (d) and the abalone is—

(i) marked or labelled with an abalone label; and

(ii) accompanied by—

(A) a fish receipt created by the person of that class in respect of that abalone at the time of the sale or consignment of the abalone; or

(B) a fish movement record created in respect of that abalone.